I also got the same mail and I sent the letter to my company attorney who responded. Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.

What if my employer does not respond at all. Write him a letter explaining that you need to get paid for the 6 months. Send this letter visa registered mail. If he doesn't respond then file a complaint with DOL.

What are the chances for the extension? there must be some way. Chances - slim!

How can I buy some more time so that I can find some other way around? There is no other way to solve this. You need to have pay stubs to extend your H-1B. Your best option is to find re-enter with an H-1B from another employer. Of course, you need to get a job first.

Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).

Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.

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gc@waiting

09-30 08:58 PM

Does anyone have any idea as to if "YATES MEMO(on being able to use AC21 with a pending 140 for 180 days)" is still relevant or overridden by any subsequent memo/law?

Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.

An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.

That is nt true.

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sweet_jungle

09-16 01:59 AM

I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?

IO verbally said last week that it's approved but there is no SLUD, LUD, CPO, PDA or anything else yet.

Still waiting...

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hopeforgc

06-21 08:39 PM

Ofcourse the entire family knows of the predicament, they did not post them self because they do not want to expose them self , I do not want to expose them so I created a new account for my self.

Thank you logiclife for you reply , Her H1 is valid until Oct 2008 do you consider that it is valid I94.

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dc2007

08-04 06:57 PM

I think lot of people here might be having similar issue, which I am having. As a consultant I have stayed at lot of addresses but my on my salary slip I try to keep the same address.

Here is the one scenario out of many:

Scenario 1: 1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.

2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.

3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.

4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140

Question 1 So, From Jan 2007 till July 2007, which address should I show - NJ or VA ? Note: my H1 labor has NJ address only for this duration.

Scenario 2: In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).

Question 2 Should I use NJ address only for these 2 years - 2003 and 2004 ?

Scenario 3: Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.

Question 3 Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?

My main concern is, Is g-325 has anything to do with tax return ?

Should I make sure that my H1 labor state should match my residence address?

In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?

Thanks in advance

desi3933

03-15 06:59 AM

Thanks coopheal, desi3933.

But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.

Incorrect!

Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).

_______________________ Not a legal advice. US citizen of Indian origin

pady

08-28 11:45 AM

Hi, I got the Email response for my SR as follows. Not sure if this is a Standard Responde. throw your inputs.

==================================

The status of this service request is:

Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.